| [2024] FWCA 2544 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
COVA Group Pty Ltd
(AG2024/1932)
COVA GROUP PTY LTD (COVA) COLLECTIVE AGREEMENT 2024
| Building, metal and civil construction industries | |
| DEPUTY PRESIDENT SAUNDERS | NEWCASTLE, 9 JULY 2024 |
Application for approval of the COVA Group Pty Ltd (COVA) Collective Agreement 2024
An application has been made for approval of an enterprise agreement known as the COVA Group Pty Ltd (COVA) Collective Agreement 2024 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.
The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:
(a) cause financial detriment to any employee covered by the Agreement; or
(b) result in substantial changes to the Agreement.
The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.
Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.
Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.
Pursuant to subsection 205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.
The Agreement is approved and, in accordance with section 54 of the Act, will operate from 16 July 2024. The nominal expiry date of the Agreement is 8 July 2028.
DEPUTY PRESIDENT
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ANNEXURE A
- AGLC
- COVA Group Pty Ltd [2024] FWCA 2544
- Case
- [2024] FWCA 2544
- Decision Date
CaseChat Overview and Summary
The legal issues before the Commission included whether the proposed agreement provided for minimum rates of pay that met the safety net requirements, ensured fair classification of employees, and adhered to other provisions set forth in the Fair Work Act. Furthermore, the Commission had to consider whether the agreement was consistent with any applicable awards, agreements, and orders that may have been in force. The fairness and reasonableness of the terms of the agreement were also scrutinized, as the Commission had to ensure that they did not undermine the safety net or otherwise operate to the detriment of employees.
In making its decision, the Commission examined the evidence and submissions presented by both COVA and the relevant trade unions. The Commission noted that the proposed agreement contained provisions that met the minimum safety net requirements and provided for fair classification and remuneration of employees. Additionally, the Commission found that the agreement was consistent with applicable awards and orders and did not operate to the detriment of employees. As a result, the Commission approved the COVA Group Pty Ltd (COVA) Collective Agreement 2024, finding that it met the legal standards required under the Fair Work Act.
No further orders were made by the Commission beyond the approval of the collective agreement. The decision stands as a determination that the proposed terms and conditions of employment in the agreement are fair, reasonable, and compliant with the relevant industrial instruments.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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